Complaint #200803698,
March 10, 2008

Officer: Cherry, Patrick
Complainant: Black Male, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Divers, Patrick
Complainant: Black Male, 49
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Cherry, Patrick Black Male, 49 Discourtesy: Word Unsubstantiated
Divers, Patrick Black Male, 49 Abuse of Authority: Strip-searched Exonerated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

On March 10, 2008 at approximately 6:00pm, he and his friend [redacted] were walking in the vicinity of Stone Avenue and Truxton Street in Brooklyn when they were approached by Det. Andrew Amplo and Sgt. Patrick Divers of Brooklyn North Narcotics. Both males were immediately placed under arrest. [redacted] did not know why he was being arrested, and when he asked why, Sgt. Divers picked up a bag of heroin from the ground near [redacted] indicating that they were being arrested on narcotics charges. [redacted] were frisked and searched and then placed inside a prisoner van, operated by Det. Patrick Cherry and Det. Meagan Barone, also of Brooklyn North Narcotics.
At approximately 10:00pm that day, [redacted] along with several other prisoners, were brought back to the 83rd Precinct, at which time, Sgt. Divers authorized the strip-search of [redacted] [Allegation A]. The strip-search was allegedly carried out by Det. Cherry. Following the strip-search, [redacted] was placed in a holding pen with the other prisoners. When he asked Det. Cherry if he could have his cigarettes and phone back (as they had been vouchered), Det. Cherry replied, "You want, you want, you want. I'm not your fucking mother" [Allegation B]. [redacted] arrest was later sealed; [redacted] was charged with criminal possession of a controlled substance in the seventh degree. Read report for details.


Details

Incident: March 10, 2008
Received: March 13, 2008
Closed: June 11, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Police building
In NYPD 83rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Andrew Amplo, Meagan Barone